Terms of Use
IMPORTANT - BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF WWW.INTERNATIONALPROPERTYRIGHTSINDEX.ORG AS WELL AS WWW.TRADEBARRIERINDEX.ORG AND WWW.PROPERTYRIGHTSALLIANCE.ORG WEBSITES, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE (REFERENCED HEREIN AS THE “TOU”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THESE SITES AND ANY MATERIALS, SOFTWARE FUNCTIONALITY, AND INFORMATION AVAILABLE THROUGH THESE SITES (THE FOREGOING COLLECTIVELY REFERENCED HEREIN AS THESE “SITES”). PROPERTY RIGHTS ALLIANCE (“PRA”) IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION BY PRA TO ACCESS OR OTHERWISE USE EITHER SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
LICENSE GRANT. These sites is provided by PRA, and this TOU provides to you (identified herein as "you" or a "User" or with “your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicenseable license to use these sites conditioned on your continued compliance with the terms and conditions of this TOU. Additionally, this TOU provides to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a link to the Sites from your personal web page or social media page. You may print and download materials and information from these sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not distribute or disclose such materials and information. If you wish to distribute or display the materials and information found on the Sites or to use such materials and information for commercial purposes, you may contact PRA using the contact information set forth in Section 19 below. This TOU is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that PRA transfers no ownership or intellectual property interest or title in and to these sites to you or anyone else.
LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein these sites. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of these sites or in any way reproduce or circumvent the navigational structure or presentation of these sites to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through these sites; (ii) attempt to gain unauthorized access to any portion or feature of these sites or any system(s) or network(s) connected to these sites or to any PRA server(s) or to any of the services offered on or through these sites, by hacking, password "mining," or any other illegitimate means; (iii) probe, scan, or test the vulnerability of these sites or any network connected to these sites; (iv) breach the security or authentication measures on or for these sites or any network(s) connected to these sites; (v) reverse look-up, trace, or seek to trace any information on any other user of or visitor to these sites; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of these sites or PRA's system(s) or network(s) or any system(s) or network(s) connected to these sites; (vii) use any device, software, or routine to interfere with the proper working of these sites or any transaction conducted on these sites, or with any other person's use of these sites, (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to PRA on or through these sites, (ix) use these sites to harvest or collect email addresses or other personally identifiable information, or (x) use these sites in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact PRA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY PRA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USER OBLIGATIONS. By installing, accessing, or using these sites in order to view PRA’s information and materials or enter into a transaction through these sites, you represent that you are at least eighteen (18) years of age (or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through these sites, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, PRA reserves the right to terminate immediately your access and use of these sites. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of these sites. You also acknowledge and agree that use of the Internet and these sites is solely at your own risk. While PRA has endeavored in each instance to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from these sites over the Internet or other global communication network cannot be guaranteed. Accordingly, PRA is not responsible for the security of any information transmitted via the Internet or other global communication network.
PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through these sites, unless otherwise indicated, are owned, controlled, and licensed by PRA and/or its suppliers and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PRA does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of these sites may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. These sites is Copyright © Property Rights Alliance and/or its licensors. All rights reserved. PRA also owns a copyright in the contents of these sites as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of these sites. Any downloadable or printable programs, information, or materials available through these sites and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by PRA and/or its licensors. PRA, Property Rights Alliance logo, and all other names, logos, and icons identifying PRA and its programs, products, and services are proprietary trademarks of PRA, and any use of such marks without the express written permission of PRA is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, donation of money or items, and/or to specific portions or features of these sites. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of these sites, including, without limitation, any areas to enable the on-line purchase of books or for any program or service offered on or through these sites, the latter terms shall control with respect to your use of that portion of these sites or the affected product, program, or service. PRA's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this TOU should be construed to alter such terms, conditions, notices, and agreements.
PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain portions of these sites and/or the receipt of certain information, such as registering through these sites to receive newsletters, requires the submission, use, and dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of these sites or receive access to the associated information, materials, or functionality, you acknowledge and agree that your use of these sites will constitute acceptance of PRA’s personal identifying information collection and use practices. Please see PRA’s Privacy Policy for a summary of PRA’s personal identifying information collection and use practices.
Mobile Services. These sites may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of these sites and its Mobile Services shall be in accordance with this TOU.
SUBMISSIONS. PRA welcomes your feedback and suggestions about how to improve these sites. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to PRA, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to PRA. In addition, any feedback received through these sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for PRA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed, and for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
LINKS TO OTHER SITE. PRA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. Such other sites have not necessarily been reviewed by PRA and are maintained by third parties over which PRA exercises no control. Accordingly, PRA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the information, products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
LINKS TO THESE SITES. PRA encourages and permits (plain) hypertext links to the primary landing page for these Sites (www.internationalpropertyrightsindex.org as well as www.tradebarrierindex.org and www.propertyrightsalliance.org). PRA is an organization committed to the highest ethics and standards and therefore, any links to these sites should not suggest that PRA promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless PRA has provided prior written consent for such promotion, affiliation, or endorsement.
DISCLAIMER. WHILE PRA ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PRA ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION OR MATERIALS. MOREOVER, PRA MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THESE SITES OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES. PRA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY. You expressly absolve and release PRA from any claim of harm resulting from a cause beyond PRA’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL PRA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO USE THESE SITES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWRE, AND MATERIALS AVAILABLE THROUGH THESE SITES, OR OTHERWISE ARISING OUT OF UTILIZATION OF THESE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PRA FOR ANY REASON WHATSOEVER RELATED TO USE OF THESE SITES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PRA DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this TOU will be brought in the federal or state courts presiding in Washington, DC, U.S., and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Any claim you might have against PRA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These sites is controlled and operated by PRA from its offices within the United States. PRA makes no representation that these sites is appropriate or available for use in other locations, and access to these sites from territories or nations where any aspect of these sites is illegal is prohibited. You access these sites on your own volition and are responsible for compliance with all applicable local laws.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of these sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. PRA reserves the right to view, monitor, and record activity on these sites without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through these sites. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on these sites as well as to disclosures required by or under applicable law or related government agency actions. PRA will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, PRA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to these sites, or any portion of these sites in order to protect these sites, PRA, or PRA's business
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of PRA proprietary assets, will cause irreparable injury to PRA, such injury would not be quantifiable in monetary damages, and PRA would not have an adequate remedy at law. You therefore agree that PRA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that PRA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PRA to enforce any provision of this TOU.
TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the time you click “I ACCEPT”, respond to a request for or send a request for information or materials, and/or begin installing, accessing, or using these sites, WHICHEVER IS EARLIEST. PRA reserves the right at any time and for any reason to deny you access to these sites or to any portion thereof. This TOU will terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use these sites, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of these sites will reapply the Terms of Use (then in effect) to you. Upon termination, you must destroy all copies of any aspect of these sites in your possession or control. The provisions concerning proprietary rights, submissions, disclaimer of warranty, limitation of liability, governing law, enforcing security on the Site, injunctive relief, term and termination, waiver and severability, and entire agreement will survive the termination of this TOU for any reason.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by PRA of any right under this TOU will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and PRA as result of this TOU or your utilization of any these sites. This TOU, PRA’s Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference (as applicable) as if set forth fully herein, represent the entire agreement between you and PRA with respect to use of these sites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PRA with respect to these sites. Please note that PRA reserves the right to change the terms and conditions of this TOU and the terms and conditions under which these sites and its offerings are extended to you by posting online a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, PRA may add, modify, or delete any aspect, program, functionality, or feature of these sites. Your continued use of these sites following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
CONTACT INFORMATION.
If you have questions regarding these sites or if you are interested in obtaining more information concerning PRA and its products or services or permission to use any PRA content, please contact
Property Rights Alliance
1722 12th Street
Suite 404
Washington, DC 20005
+1.202.785.0266 (phone)
[email protected] (e-mail)